An arbitration clause contained in the articles of association, referring to arbitration disputes between shareholders or between shareholders and the company, does not apply to disputes arising from contractual relationships...
The supplementary intervention of the court for the appointment of the arbitrator designated by the defaulting party, pursuant to Article 810(2) of the Code of Civil Procedure, is conditional upon...
An arbitral award confirmed by a judgment having the force of res judicata, with constitutive effect as to the right of ownership in performance of a preliminary contract of sale,...
A decision rendered in contractual arbitration (arbitrato irrituale) constitutes written evidence sufficient for the purposes of issuing an order for payment under Article 634 of the Code of Civil Procedure,...
The nullity of the substantive contract does not automatically entail the invalidity of the arbitration clause contained therein, which, by virtue of the principle of separability enshrined in Article 808...
An arbitration clause included in contracts relating to investment services and activities entered into with investors is binding only on the intermediary, unless the intermediary proves that it was the...
Article 813-ter of the Code of Civil Procedure, which prohibits the commencement of court proceedings where arbitral proceedings between the same parties and having the same subject matter are pending,...
An arbitration clause, in order to have a mandatory character derogating from the jurisdiction of the ordinary court, must provide for recourse to arbitral proceedings on an exclusive basis; otherwise,...
An arbitration clause providing for the referral of disputes to arbitrators "in the manner and forms prescribed by law", without further specification or reference to specific rules, is incapable of...
The removal of an arbitration clause from the articles of association of a limited liability company (società a responsabilità limitata) constitutes a legitimate ground for the withdrawal of a shareholder...
A support administrator (amministratore di sostegno), with the prior authorisation of the guardianship judge (giudice tutelare), has standing to appear in arbitral proceedings on behalf of the beneficiary where the...
A contractual clause referring to arbitration disputes concerning the performance, validity, and effectiveness of a settlement agreement (transazione), where the parties have not reached agreement in good faith, precludes the...